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Father back driving for Uber after wrongful arrest

Jose Batista arrested in Orange County in case of mistaken identity

ORANGE COUNTY, Fla. – A Marion County man wrongfully arrested was all smiles Wednesday after what he calls a living a nightmare in jail for seven days for a crime he didn't commit.

Jose Batista's car was impounded and he lost access to driving for Uber after he was arrested last week on a warrant out of Miami-Dade for two cases of aggravated battery dating back to 1995.

Miami-Dade prosecutors said they would check their paperwork, when News 6 notified them of the possible mix-up. Officials from the Miami-Dade State Attorney's Office later said that Batista was wrongfully arrested and quashed the arrest warrant.

On Wednesday, Batista got back his car--his only source of income-- from the impound lot and is on the road to driving again for Uber.

News 6 met Jose and his wife, Elizabeth Rios, and their 1-year-old son at the impound where his car was towed to get his car back.

Uber reinstated Batista as a driver after News 6 notified the company that Miami-Dade County prosecutors had dropped the warrant for his arrest.

Batista's lawyer said they are considering legal action as he works to find out how the wrong person ended up in jail. Batista said he has been wrongfully arrested on two other occasions when authorities mistook him for a man in South Florida named Marco Batista, who shares a similar name and birthday.

“If in fact there is any evidence of negligence by any agency, then absolutely we are going to file suit,” attorney Mike Glasser said.

News 6 continued asking questions of Miami Dade authorities to learn how Batista’s fingerprints were connected to the wrong person. 


About the Authors
Jerry Askin headshot

Jerry Askin is an Atlanta native who came to News 6 in March 2018 with an extensive background in breaking news.

Emmy-nominated journalist Kristin Cason joined the News 6 team in June 2016.

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